In the dark forest
It is well known that Greek rule of law faces serious issues. These problems persisted throughout the 20th century, even after the transition to democracy. However, the situation has deteriorated rapidly since 2010. The economic crisis was, in fact, a symptom of a deep-seated institutional crisis. With weak institutions, a lack of informal behavioral norms respected by the political system, a significant institutional deficit, and no liberal tradition, it was inevitable that institutions would be the first to suffer.
As the bailout era ended, we hoped for improvement. Instead, the situation worsened, and deliberately so. I recall that former prime minister Alexis Tsipras openly declared his leftist SYRIZA party would ensure control over “the joints of power” during its second term. Many, including myself, feared SYRIZA might succeed during its first term, but despite its earnest efforts, it failed spectacularly. The conservative New Democracy government that succeeded the leftists aimed to achieve this control – and it seems to be doing so very effectively. Not only does it manage these joints of power efficiently, but those who were rightly concerned during the SYRIZA era are now silent.
The wiretapping scandal exemplifies what is wrong in Greece: the dysfunction of institutions, justice, the political and economic systems, civil society, and the media.
One of the greatest scandals in recent history – the systematic surveillance of Greek officials (ministers, politicians, judges, military personnel, police) and citizens (especially journalists and businesspeople) by state, para-state, and private entities – remains unresolved. Not only was the case archived by the Supreme Court Prosecutor’s Office on the basis of a remarkably weak report, notable for its creative accounting as it were, but the prosecutor has also preemptively discouraged any challenge to it, stating: “From the extensive evidence above, it is unequivocally concluded […] It is noted that no other country has conducted such a thorough judicial investigation.” However, instead of focusing on a single tree, let’s consider the entire dark forest.
From the beginning, it has been glaringly obvious and unacceptable that the government and deep state have been attempting to downplay and obstruct the revelation of the truth. The fact that most victims are either silent or wish the case to be closed is deeply troubling.
The wiretapping scandal exemplifies what is wrong in Greece: the dysfunction of institutions, justice, the political and economic systems, civil society, and the media
From the direct and unacceptable undermining of the Hellenic Authority for Communications Security and Privacy (ADAE) and its president, Christos Rammos, to the refusal of the National Intelligence Service (EYP) to comply with the Council of State’s decision, it is abundantly clear what is happening. The joints of power are effectively working to prevent the resolution of this case.
This issue will not end here, of course. The surveillance activities became too audacious, driven by a sense of impunity. However, at some point, those involved were careless and left traces that investigative journalism is gradually uncovering. The case is certain to resurface.
While the average Greek citizen may not be particularly concerned about the surveillance of powerful individuals, the blatant mishandling of this case only adds to the negative perception of justice and the government.
Justice appears to have been discredited in the eyes of Greek citizens, as reflected in opinion polls and the European Commission’s rule of law report. Do Greek judges understand the implications? How do they plan to address the situation? Recent experience has shown that demagogic initiatives only serve to further tarnish their image rather than improve it.
The government has achieved a temporary Pyrrhic victory, which often signals an impending defeat. It is responsible for the current erosion of the rule of law. Regardless of its success or failure in other areas, its actions are now overshadowed and will continue to be so in the future. We have reached the unprecedented point where Greece is systematically criticized by international institutions, including European ones, and its institutional failures are highlighted by some of the world’s most serious and credible newspapers. What does the government intend to do about this? Has it decided to associate its name with this unprecedented degradation of institutions? Does it possess any sense of historical perspective, or is it merely content with holding power for as long as it can?
Aristides Hatzis is a professor of philosophy of law and theory of institutions at the University of Athens.
